2019 QCCQ 15047, 2019 QCCQ 15047

Protection de la jeunesse — 1911729 2019 QCCQ 15047 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002167-184 DATE : October 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2018 and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a youth or the youth’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 11, 2019. [ 2 ] The court is seized of an application for revision presented by the Director of youth protection (DYP) of a decision rendered on April 26, 2019, requesting that the security and development of the youth be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to order the placement of the child in a foster family until his age of majority, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest?

Context and Analysis [ 5 ] The mother agrees with the recommendations and she have a good relationship with the foster mother. [ 6 ] The father also agrees with the recommendations and is comfortable with the choice of a non-Inuk foster family. [ 7 ] During the contacts the child does not seem to recognize his siblings, and show little to no attachment to his parents. [ 8 ] The foster family is aware of the […] culture and understands the importance of maintaining cultural roots.

She confirm her attachment to the child and is open to come in the North for the visits with the family. [ 9 ] The foster mother answers all the medical needs of X. [ 10 ] The maximum period of placement for a child of X’s age, is attained

[ 11 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X are still compromised; [ 14 ] EXTENDS the decision rendered on April 26, 2019; [ 15 ] ORDERS the child to be entrusted to a foster family until the age of majority, namely the one of Ms.

C; [ 16 ] ORDERS that the contacts between the child and his parents be determined by the DYP as for their frequency and terms; [ 17 ] RECOMMENDS that the contacts between the child and his siblings occured as often as possible; [ 18 ] ORDERS that a person working for an institution or a body provides aid, counsel and assistances to the child and the family; [ 19 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE until [...], 2036. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child Mtre Éliane Villemur Counsel for the father Mtre Angèle Tommasel Counsel for the mother